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veterinary fees, pound fees and license fees,
and any costs associated with
liability to the victim or victims of the bite incident;
(f)
such other conditions as the Animal Control Officer may deem necessary or
advisable in the interests of public safety.
Determination that an animal is a dangerous animal
12(1) Where the Animal Control Officer has reason to believe that an animal, including but not
limited to an aggressor animal under section 11, is a dangerous animal, he shall arrange a
hearing before Council at a regularly scheduled meeting of Council to determine whether
or not the said animal should be declared a dangerous animal. In the event that an owner
voluntarily accepts the dangerous animal declaration and the recommended disposition of
the matter made by the Animal Control Officer, a hearing before Council may be
dispensed with, and the recommended disposition of the matter shall constitute a final
order in respect of which there is no appeal.
12(2) Where it is deemed necessary by the Animal Control Officer to protect the public or other
animals pending the decision of Council, the Animal Control Officer may: (i) require that
the animal be quarantined in the pound until the earlier of the date that the Animal
Control Officer determines that it is safe to release the animal to the custody of the owner
or until Council hears the matter and issues its determination; or (ii) may impose all or
any of the conditions set out in subsection 13(2) of this By-Law upon the owner's custody
of the animal, which conditions shall apply until the earlier of the date that the Animal
Control Officer determines that it is safe to remove the conditions or until Council hears
the matter and issues its determination.
12(3) Council shall provide written notice of the hearing to the owner of the animal at least ten
(10) days in advance of the hearing by serving notice upon the owner or by mailing the
notice by registered mail to the last known address of the owner. In the case where the
animal alleged to be a dangerous animal is a dog, the Animal Control Officer shall be
entitled to mail the said notice to the last address provided by the owner to the
Municipality in relation to the licensing of the said dog. The notice shall include the
following minimum information:
(a) the time, place and purpose of the hearing;
(b)
a summary of the reasons in support of the allegation that the animal is
dangerous;
(c)
a copy of this section 12 of the By-Law; and
(d) a statement that if the owner does not attend the hearing, the matter will be
dealt with in his absence and that he will not be entitled to any further
notice or appeal in regard to the proceedings concerning the animal.
12(4) (a)
The owner has the right to appear at the hearing, with or without counsel, and to
make submissions to Council and call evidence (whether viva voce or
documentary) on his behalf. The owner also has the right to hear all of the
evidence and submissions presented at the hearing by or on behalf of the Animal
Control Officer and to inspect any documents filed by or on behalf of the Animal
Control Officer, and to respond to same.
(b)
Where the owner does not attend at the hearing, having been given notice as
provided in accordance with this section 12,, Council shall be entitled to deal with
the matter in his absence, and the owner shall not be entitled to any further notice
or appeal in regard to the proceedings concerning the animal. The owner shall be
notified of the decision of Council by notice in writing delivered by personal
service or registered mail in the manner set out in subsection 12(3) hereof.